The infamous class action litigation seeking to blame McDonald's for the obesity of putative class members is going forward, having survived a third motion to dismiss. (Mark Hamblett, "N.Y. Judge Rebuffs McDonald's Motion to Dismiss Deceptive Ad Claims", New York Law Journal, Sep. 22). Judge Sweet's opinion will be posted to the AEI Liability Project Documents in the News page later today. I discuss the Pelman case in my Taxonomy of Obesity Litigation paper. The failure of the motion means that, unless McDonald's can persuade Judge Sweet to bifurcate discovery to resolve class certification issues first, the plaintiffs will be able to impose millions, and perhaps tens of millions, of dollars of litigation expenses on McDonald's if they dare to defend themselves instead of buying off the class. Copycat litigation is likely.
Ironically, yesterday was the day that the folks at the Bizarro-Overlawyered site chose to attack pending legislation shutting down such ludicrous suits as "pure hype" because there supposedly were no such suits. (The House already passed the bill in a bipartisan 306-120 vote.) It's a mystery to me why the special interest group of the litigation lobby is devoting so many resources trying to shut down legislation that they claim makes no difference. Earlier at Overlawyered: Apr. 20, 2005; Jan. 27, 2005; Sep. 4, 2003. Cross-posted at Overlawyered.